The Local Authorities (Executive Arrangements) (Access to Information) (England) Amendment Regulations 2002

The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000^f1 are amended in accordance with regulations 3 to 14 of these Regulations.

In regulation 1(1), for “[2000]” substitute “2000”.

In regulation 2, for the definition of “public meeting”, substitute—

• ““public meeting” in relation to a decision making body, means—

  1. (a)

     a meeting which, in accordance with regulation 7, is required to be held in public; or

  2. (b)

     any other meeting of a decision making body that the decision making body determines shall be held in public;”.

In regulation 7, for paragraphs (1) and (2), substitute—

“(1)

Subject to regulation 21, where the executive leader, section 11(2) mayor or council manager (as the case may be) or any other person likely to preside at the meeting reasonably believes that one of the circumstances specified in paragraph (2) below applies in relation to a meeting, or part of a meeting, of a decision making body, that meeting or part of a meeting must be held in public.

(2)

The circumstances are—

(a)

a decision to be made will be a key decision;

(b)

a matter that is included on the forward plan or is the subject of a notice given under regulation 15 is likely to be discussed; and

(i)

the decision on that matter is likely to be made within 28 days; and

(ii)

an officer who is not a political adviser, assistant or council manager will be present at the discussion.

(2A)

For the purposes of paragraph (1), “meeting” does not include a meeting to which the circumstances specified in paragraph (2)(b) apply and the principal purpose of which is for an officer of the local authority to brief a decision maker on matters connected with the making of an executive decision.”.

In regulation 13, for paragraph (1), substitute—

“(1)

A forward plan shall be prepared, in accordance with this regulation and regulation 14, by the executive leader or, as the case may be, by the section 11(2) mayor or the council manager and the first such forward plan shall be prepared as soon as is reasonably practicable after the authority has adopted executive arrangements.”.

In regulation 15(1), for “Where”, substitute “Subject to regulation 16, where”.

In regulation 16, delete the words “his agreement”.

For regulation 18(2) substitute—

“(2)

No member of an overview and scrutiny committee shall be entitled to a copy—

(a)

of any such document or part of a document as contains exempt or confidential information unless that information is relevant to—

(i)

an action or decision that he is reviewing or scrutinising; or

(ii)

any review contained in any programme of work of such a committee or sub-committee of such a committee; or

(b)

of a document or part of a document containing advice provided by a political adviser or assistant.”.

For regulation 21(4) and (5) substitute—

“(4)

Nothing in these Regulations shall—

(a)

authorise or require a local authority to disclose to the public or make available for public inspection any document or part of a document if, in the opinion of the proper officer, that document or part of a document contains or may contain confidential information; or

(b)

require a local authority to disclose to the public or make available for public inspection any document or part of a document if, in the opinion of the proper officer, that document or part of a document contains or is likely to contain exempt information or the advice of a political adviser or assistant.

(5)

Where a member of a local authority executive or an officer makes an executive decision in accordance with executive arrangements, nothing in these Regulations shall—

(a)

authorise or require documents relating to that decision to be disclosed to the public, or made available for public inspection where, the documents contain confidential information; or

(b)

require documents relating to that decision to be disclosed to the public, or made available for public inspection where the disclosure of the documents would, in the opinion of the member or officer making the decision, give rise to the disclosure of exempt information or the advice of a political adviser or assistant.”.

In regulation 22(4)(b), after “regulation” insert “5(2) or”.

In regulation 23(1)(b) after “in accordance with regulation” insert “5(2), 11(7) or”.

In regulations—

• 9(1) (individual executive decisions);

• 10(a) (procedures prior to public meetings);

• 11(3) (access to agenda and connected reports); and

• 15(1)(c) (general exception),

for “three clear days” in each case, substitute “five clear days”.

(This note is not part of the Regulations)